In light of the violence and riots at the United States Capitol, several platforms suspended President Donald Trump’s social media accounts. Facebook suspended his account “at least through the end of his term” and Twitter permanently banned his account “due to risk of further incitement of violence.” While these companies provided sound reasoning for the restriction of the president’s accounts, such action raises questions about the power of social media platforms and the extent to which they can control user-produced content.
Several users on Twitter expressed concerns over how this ban plays into freedom of speech as protected by the First Amendment.
While others believed his behavior did not fall under the protections of freedom of speech after witnessing the riots at the Capitol.
Regardless of the classification of the president’s tweets, Twitter holds the right to ban the account. Freedom of speech as guaranteed by the First Amendment, along with all constitutional rights, only applies to interactions between the government and the public. Private sector entities such as Facebook and Twitter have no such obligation to protect freedom of speech. Government restriction of freedom of speech would violate the First Amendment and result in a lawsuit. On the other hand, Twitter could ban any user who seems to violate their terms of service with little room for refutation.
The United States Supreme Court unanimously held that cyberspace “is one of the most important places to exchange views,” meaning that the government recognized the internet for its interconnectedness, but placed no legal parameters on digital platforms to protect users from unwarranted restrictions. Multiple human rights agencies and activists have raised concerns over fair access and equal protection while on social media, but expanding freedom of speech policy must also respect the rights of private companies to regulate their content.
As virtual media continues to grow as a collaborative network, users may take into account freedom of expression and its protection on private platforms before logging in online.
